Australian Trade Mark Application Process

>> Australian Trade Mark Application Process

After filing an Australian trade mark application, examination will typically commence within 3-4 months. If the application does not meet all the registration requirements, a first examination report will issue from the Australian Trade Marks Office. A 15 month nominal acceptance (i.e., allowance) deadline is set from the date of the first examination report. 

Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the registration of the trade mark within 2 months of the advertisement of acceptance. If there is no opposition, the trade mark will be registered shortly thereafter. 

The term of an Australian trade mark is 10 years from the filing date, renewable for subsequent 10 year terms.

The flow chart below outlines the stages in the trade mark application process in Australia. 

Australian trade mark appliation flow chart